Welcome to Lively™. The Lively.com website, Lively app, the Lively Link app, and any other Lively or Best Buy Health, Inc. apps or mobile sites are collectively referred to herein as “Lively Properties” and individual as “Lively Property”. References to “Lively”, “our”, “we”, or “us” refers to Best Buy Health, Inc (“Best Buy”).
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
Your Use of Lively Properties These are the basic rules you must follow when using Lively Properties.
Restrictions on Your Use of Lively Properties/Proprietary Rights There are certain restrictions regarding your use of Lively Properties.
Purchases; Other Terms and Conditions Other terms and conditions may apply when you purchase Lively products or services.
Disclaimers We provide our Lively Properties as is, and we make no promises or guarantees about the Lively Properties. Please read this section carefully; you should understand what to expect.
Limitation of Liability We will not be liable for damages or losses arising from your use or inability to use the Lively Properties or otherwise arising under these Terms. Please read this section carefully; it limits our obligations to you.
Third-Party Generated Content We are not responsible for third-party website or content that may appear on Lively Properties. The inclusion of any third-party website or content on Lively Properties should not be viewed as an endorsement or approval by us.
Policy Concerning Claims of Infringement This section talks about how Lively will respond if you believe someone is infringing your copyrights on the Lively Properties.
Access Outside the United States We cannot guarantee that the Lively Properties will available outside the United States.
Unsolicited Idea Submission Policy This section describes how we handle unsolicited ideas and feedback regarding our products and services.
Emergency Alerts Certain Lively Properties may provide emergency alerts.
Dispute Resolution by Binding Individual Arbitration This section describes what will happen if there is a dispute between you and us regarding the Lively Properties. Please read this section carefully; it limits certain legal rights you may have.
Miscellaneous This section provides details including our choice of law.
Termination of Use We may cancel your use of Lively Properties at any time.
Effective Date This provides the date for when these Terms went into effect.
We reserve the right to modify, amend, remove, or restate the Terms at any time without prior notice to you. Your use of any Lively Properties after the posting of modifications to these Terms will constitute your acceptance of the Terms as modified.
If you are a California resident and would like to learn more about your rights under California’s laws, please review our California Privacy Rights page. Click California Privacy Rights to review.
3. Your Use of Lively Properties
By using Lively Properties, you represent that you have read and agree to be bound by these Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Lively Properties in accordance with these Terms, not to use the Lively Properties for illegal purposes or in manner inconsistent with these Terms, and not to interfere or disrupt the networks connected to the Lively Properties. You agree to use the Lively Properties solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree to promptly notify us upon becoming aware of any unauthorized access or use of the Lively Properties by any party or any claim that the Lively Properties infringes upon any copyright, trademark or other contractual, statutory or common law rights. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Lively Properties. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You acquire absolutely no rights or licenses in or to the Lively Properties and materials contained therein other than the limited right to utilize the Lively Property in accordance with these Terms. Should you choose to download content from the Lively Properties, you must do so in accordance with these Terms. Such download does not transfer any other rights to you.
4. Restrictions on Your Use of Lively Properties/Proprietary Rights
Lively Properties contain material which is derived in whole or in part from materials supplied by us and various other sources. Lively Properties, including but not limited to their text, logos, content, photographs, database software programming, flash animations and programming, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Lively Properties contain material which is derived in whole or in part from materials supplied by us and various other sources. Lively Properties, including but not limited to their text, logos, content, photographs, database software programming, flash animations and programming, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Lively Properties are also copyrighted works. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Intellectual Property you use, and you may not modify or alter the Intellectual Property, copy or post the Intellectual Property on any network computer, or broadcast the Intellectual Property in any media.
You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, display, upload, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Intellectual Property, in whole or in part. Any logos and other trademarks on the Lively website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Best Buy and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
YOU MAY NOT USE THE LIVELY PROPERTIES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
GreatCall, Jitterbug, Lively, and 5Star are the registered trademarks of Best Buy and affiliated companies. Alcatel is a registered trademark of Alcatel-Lucent, Enterprises.
5. Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of Lively products or services and to specific portions or features of the Lively website, including contests, promotions, or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms and conditions posted for or applicable to a specific portion of the Lively website or for any Lively product or service, the latter terms shall control with respect to your use of that portion of the Lively website or that product or service.
Lively’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Lively website should be construed to alter such agreements.
Lively may make changes to any products or services offered on our website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and Lively makes no commitment to update the materials on the website with respect to such products and services.
To review the terms and conditions that apply to specific Lively products or services, please visit www.lively.com/legal.
Lively provides the Lively Properties and all information, content, or material contained therein on an “AS IS” and “AS AVAILABLE” basis. Lively Properties could include technical inaccuracies or typographical errors and may be subject to periods of interruption. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY BEST BUY PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. We may make changes or improvements at any time.
We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Lively Properties. All information contained on the Lively Properties has been obtained from sources believed by us to be accurate and reliable. The ads, press releases, and newsletters are also provided by the identified organizations. We do not edit or control the information we receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, we are not responsible for any errors or omissions.
7. Limitation of Liability
While we endeavor to maintain the highest professional quality of the Lively Properties we offer, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Lively Properties even if there is negligence by us or an authorized representative of us; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to us to access the Lively Properties. There is currently no fee to access Lively Properties.
8. Third-Party Generated Content
Lively Properties may contain third-party content, including third-party reviews regarding Lively’s products and services originally posted on www.bestbuy.com. Lively has received the necessary permissions to re post such reviews. For further information regarding the copyright ownership rights of such content, please visit http://www.bestbuy.com. Lively is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third-party content, nor is Lively responsible for errors or omissions in any references to other parties or their products and services. No reference made on or through the Lively Properties to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Lively, constitutes or implies an endorsement, recommendation or favoring by Lively.
9. Policy Concerning Claims of Infringement
It is our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to us.
Notices of copyright infringement should contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
The address, telephone number, or email address of the complaining party.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
The Lively designated agent to receive notifications of claimed infringement can be reached by:
Mail: Best Buy Health, Inc. Attn: DMCA Agent, Legal Department 10945 Vista Sorrento Parkway Suite 120 San Diego, CA 92130 E-mail: email@example.com
For additional information regarding this procedure, please reference 17 USC 512.
10. Access Outside the United States
We make no representation that the materials provided in Lively Properties are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Lively Properties from other locations, you are responsible for compliance with applicable local laws.
11. Unsolicited Idea Submission Policy
Lively and any of its employees, independent contractors, or agents, on behalf of Lively, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Lively's products or marketing strategies might seem similar to ideas submitted to Lively. Please do not send your unsolicited ideas to Lively or anyone at Lively.
If, despite our request to not send us your ideas and work, you still send them, please understand that Lively makes no assurances that your ideas and work will be treated as confidential or proprietary, and the following terms will apply to your submission regardless of what your transmission states. You agree that: 1) your ideas and work will automatically become the property of Lively, and you agree to assign all rights in your ideas and work to Lively without any expectation of compensation, and 2) Lively can use, copy, and distribute the ideas and work for any purpose and in any way, without any payment to you.
12. Emergency Alerts
LIVELY HAS CHOSEN TO OFFER WIRELESS EMERGENCY ALERTS WITHIN PORTIONS OF ITS SERVICE AREA ON WIRELESS EMERGENCY ALERT CAPABLE DEVICES WHEN AVAILABLE. THERE WILL BE NO ADDITIONAL CHARGE FOR THESE WIRELESS EMERGENCY ALERTS. WIRELESS EMERGENCY ALERTS MAY NOT BE AVAILABLE ON ALL DEVICES OR IN THE ENTIRE SERVICE AREA, OR IF A SUBSCRIBER IS OUTSIDE OF LIVELY’S SERVICE AREA. FOR DETAILS ON WHEN THE AVAILABILITY OF THIS SERVICE AND WHEN WIRELESS EMERGENCY ALERT CAPABLE DEVICES WILL BE AVAILABLE, PLEASE GO TO WWW.LIVELY.COM. NOTICE REQUIRED BY FCC RULE 47 CFR 10.240 (COMMERCIAL MOBILE ALERT SERVICE).
13. DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION
ANY DISPUTE INVOLVING YOU AND BEST BUY OR ANY OF ITS AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:
ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with Best Buy, its agents, and its present and future subsidiaries, affiliates, and designees – including, but not limited to, GreatCall, Lively, Geek Squad, Magnolia, and Pacific Sales – whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of Best Buy’s websites; (2) your membership in any Best Buy loyalty or rewards program (e.g., My Best Buy®) or subscription-based services (e.g., Best Buy Totaltech™); (3) your receipt of delivery, repair or installation services or consultation services provided by Best Buy or its agents; (4) any communications between you and Best Buy; (5) application for financing; and/or (6) your purchase of products or services offered, sold, or distributed by Best Buy including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services. If you are a My Best Buy® member, Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of, the My Best Buy® program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. Before either Party may initiate an arbitration proceeding, you and Best Buy agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to Best Buy. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable Best Buy to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by you and sent to Best Buy at CT Corporation System, Inc., 1010 Dale Street North, St. Paul, MN 55117-5603 or by email at Arbitration@BestBuy.com. If Best Buy intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by Best Buy as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and Best Buy. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or Best Buy may proceed with individual arbitration (this informal process is a condition precedent to doing so.). If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. You may serve a copy of a demand on our registered agent CT Corporation System, Inc., 1010 Dale Street North, St. Paul, MN 55117-5603. The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it. If the Parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, Best Buy will consider reimbursing the consumer portion of the AAA fees upon a showing of financial hardship.
The Parties shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where you live or at another mutually agreed upon location. Best Buy reserves the right to request a hearing from the arbitrator. You agree to personally appear at any in person hearing (along with your counsel if you are represented).
YOU AND BEST BUY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Best Buy agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that a claim for public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
This paragraph sets forth additional procedures that apply to mass arbitrations. If twenty-five (25) or more similar claims are asserted against Best Buy by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for Best Buy shall each select fifteen cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings. This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. You and Best Buy agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Best Buy.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with Best Buy. Any amendments to this dispute resolution provision shall not affect any then–active or pending arbitration proceeding.
These Terms will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
15. Termination of Use
We may, in our sole discretion, terminate your use of the Lively Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Lively Properties at any time without prior notice.
16. Effective Date: September 27, 2022.
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